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(영문) 서울중앙지방법원 2018.12.12 2018고단5735
공무집행방해
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 28, 2018, around 04:40 on May 28, 2018, the Defendant, in front of the D building located in Seocho-gu Seoul Metropolitan Government, sought to find out and arrest a criminal suspect of indecent act by the police officer F of the Seoul Seocho Police Station E District Unit of the Seoul Seocho Police Station, who was called upon under 112 reports on the indecent act against the Defendant, and attempted to inflict an injury on the Defendant by going against the said criminal suspect. As such, the police officer G belonging to the said earth group, such as F, took the Defendant against the Defendant, she sawd the Defendant, her drinking, her walked the drinking bridge and her walked twice with the left side of the G, and assaulted the Defendant with the wheels with the Defendant’s left side.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers related to the suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with respect to F and G;

1. Investigation report (inspection and analysis of CCTV around the site);

1. Application of Acts and subordinate statutes to photographs damaged police officers;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant is not likely to be subject to criticism by assaulting a police officer on duty during the period of probation.

Due to the act of the defendant, the police officer G was somewhat likely to cause material, physical and mental harm to the police officer as well as the physical, physical and mental harm to the left arms.

The favorable circumstances: The defendant is led to confession and reflect.

The defendant, while under the influence of alcohol, led to the crime of this case by deceiving the suspect of the indecent act by force against the defendant's daily behaviors and resulting in a contingent crime.

There is no criminal record for the defendant.

The defendant imposed a apology on police officers, and deposited a certain amount of money in the future of the damaged police officers.

Police F and G do not want criminal punishment against the defendant.

The age, sex, career, family environment, and victim of the defendant.

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